Texas 2015 - 84th Regular

Texas Senate Bill SB615 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6485 TJB-D
2	2	By: Burton S.B. No. 615
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ability of an area proposed to be annexed to
8	8	incorporate as a new general-law municipality.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 42.041(a), Local Government Code, is
11	11	amended to read as follows:
12	12	(a) Except as provided by Section 42.0415, a [A]
13	13	municipality may not be incorporated in the extraterritorial
14	14	jurisdiction of an existing municipality unless the governing body
15	15	of the existing municipality gives its written consent by ordinance
16	16	or resolution.
17	17	SECTION 2. Subchapter C, Chapter 42, Local Government Code,
18	18	is amended by adding Section 42.0415 to read as follows:
19	19	Sec. 42.0415. INCORPORATION AS GENERAL-LAW MUNICIPALITY OF
20	20	AREA PROPOSED FOR ANNEXATION. (a) For the purpose of this section,
21	21	the date annexation proceedings are initiated for an area is the
22	22	date that:
23	23	(1) the area is included in an annexation plan under
24	24	Section 43.052;
25	25	(2) the notice of the first public hearing required by
26	26	Section 43.063 is published; or
27	27	(3) the notice of the first public hearing required by
28	28	Section 43.124 is published if the area is proposed to be annexed
29	29	for limited purposes.
30	30	(b) Not later than the 30th day after the date a
31	31	municipality initiates annexation proceedings, a petition that
32	32	meets the requirements of Subsection (c) may be presented to the
33	33	governing body of the annexing municipality to request:
34	34	(1) the release of all or part of the area to be
35	35	annexed from the annexation proceeding; and
36	36	(2) authorization to incorporate all or part of the
37	37	area to be annexed as a new general-law municipality.
38	38	(c) The petition must:
39	39	(1) be signed by a number of registered voters of the
40	40	area requesting release and incorporation under Subsection (b)
41	41	equal to or greater than the number of voters required to apply or
42	42	petition for incorporation under Chapter 6, 7, or 8 as the type of
43	43	general-law municipality intended to be created;
44	44	(2) describe the portion of the area proposed to be
45	45	annexed that the petitioners seek to incorporate as a new
46	46	municipality;
47	47	(3) affirm that the area described by Subdivision (2):
48	48	(A) contains at least the number of residents
49	49	required for the creation of the type of general-law municipality
50	50	intended to be created; and
51	51	(B) is equal to or larger than the minimum
52	52	territorial requirements for the creation of the type of
53	53	general-law municipality intended to be created;
54	54	(4) state that the intent of the persons signing the
55	55	petition is to incorporate the described area as a new general-law
56	56	municipality; and
57	57	(5) state the type of general-law municipality
58	58	intended to be created.
59	59	(d) If the governing body determines that the petition is
60	60	valid, the municipality shall:
61	61	(1) release from the annexation proceeding the area
62	62	described in the petition; and
63	63	(2) authorize the incorporation of the area as a new
64	64	general-law municipality or as part of a new general-law
65	65	municipality.
66	66	(e) Not later than the 90th day after the date the
67	67	municipality releases an area from an annexation proceeding, the
68	68	persons within the released area must begin the procedures
69	69	prescribed by this title for the municipal incorporation of the
70	70	area.
71	71	(f) The incorporation proceeding in the area must be
72	72	completed not later than the first anniversary of the date the
73	73	municipality releases the area from the annexation proceeding.
74	74	(g) If the area described under Subsection (c) is not
75	75	incorporated within the time limits described by Subsection (f),
76	76	the municipality may proceed with the annexation of the area, and
77	77	the residents of the area may not present another petition under
78	78	this section until the fifth anniversary of the date the initial
79	79	petition was filed under Subsection (b).
80	80	SECTION 3. The change in law made by this Act applies only
81	81	to an area for which a municipality has not initiated annexation
82	82	proceedings, as defined by Section 42.0415(a), Local Government
83	83	Code, as added by this Act, before the effective date of this Act.
84	84	SECTION 4. This Act takes effect September 1, 2015.